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5-29-1890

Letter from the Secretary of the Interior,transmitting, in response to a resolution of May 14,1890, information in regard to the alleged non-fulfillment of the treaty with the Chippewa Indians.

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Recommended CitationS. Exec. Doc. No. 133, 51st Cong., 1st Sess. (1890)

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51ST CONGRESS, } l.s-t Session.

LETTER FROM

THE SECRETARY OF THE INTERIOR, TRANSMITTING,

In response to a resolution of May 14, 1890, information in regard to the alleged nonju{fillment of the treaty with the Chippewa Indians.

MAy 29, 1890.-Referred t(l the Committee on Indian Affairs and ordered to be printed.

DEP .A RTMENT OF THE INTERIOR, Washington, May 21, 1890.

SIR: I have the honor to acknowledge the receipt of the following resolution of the Senate:

Resolved, That the Secretary of the Interior is hereby directed to investigate and report to the Senate, as soon as practicable, into the alleged facts of the non­fulfillment of the fourth article of the treaty with the Chippewas at La Pointe, Wis., September 30, 1854, wherein it was stipulated that the reservation for tile Fond du Lac band should embrace the followin~ boundaries: ''Beginning at an island in the St. Louis River, above Knife Portage, called by the Indians Paw-paw-sco-me-me-tig, running thence west to the boundary line heretofore described, thence north along said boundary line to the mouth of Savannah River, thence down the St. Louis River to the place of beginning." And if said tract shall contain less than 100,000 acres, a strip of land shall be added on the south side thereof large enough to equal such de­ficiency ; and

Whereas when the survey was made it was grossly inaccurate, diminishing the stipulated reservation many thousands of acres ; the amount taken from the Indians was sold by the Government as public lands, thus depriving, as is alleged, ·the Indians of a large and valuable part of their reservation. (See Ex. Doc. 247, page 24, Fifty­first Congress, first session, House of Representatives.)

· In response thereto I transmit herewith copy of a communication of 24th instant from the Commissioner of Indian Aft"airs and accompany­ing papers, to whom the matter was referred.

These papers give a full history of the matter, and show that the pres­ent area of the reservation is more than 100,000 acres.

I have the honor to be, very respectfully,

The PRESIDENT OF TllE SENATE.

JOHN w. NOBLE, Secretary.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,

lV ashington, May 24, 1890. Bm: I have honor to acknowledge the receipt of your letter of the

16th instant, transmitting for investigation and report a resolution of e Senate ot the United States of the 14th instant, as follows:

.Beaolved, That the Secretary of the Interior is hereby directed to investigate and !it~·.:'·"'lmort to the Senate, as soon as practicable, into the alleged facts of the non-fulfill-

100,000-acre tract reserved for the use of the Foud du Lae baud, by the ___ ,. _ _ _,, illbl!ivleion·of the :fifth article of the said treaty with the Chippewas of Lake Superi tf91lCl01lleQ September 30, 1854 (10 Stat., 1109; letter book No. 45, p. 1:14).

J."4(Jt¥eJWber 10, 1858, the Commissioner of the General Land '-JLLI\JD,_, .. ,,

M i8qliitted to this office a copy of the plat and field·notes of the bly with the foregoing and in conformity with the u.,a.IIJI!i~~

-~~"SQid, together with a copy of a communication from Peter E • .uJ.·llou·--"!ll.:

;;.,..aJJ'•·'-~1"1-l'uty surveyor, who made the survey, addressed to the snn~vfl,vnr~ innesota, in which he reported that the bon

~q~~~~ a nrveyed by him did not embrace- the principaJ., set~tae.;,~:,J t4«~-_ Ilrldilans, which, with the1r im~vements, wao, . .a,v~;noq.

in icinity, said lake 001 g some 3 or 4 ~~;t;.Je~>utbex~n boundary of the ~rvation as established by-hh:• an,.~lll • ..,.--::.'-- .. ,;

-rtu~4~r represented that the Indians were very much dissata.,.uc~- ----­location of said boundary, claiming that the treaty secured to

the lands Jn the vicinity of said Perch Lake (see Exhibit A.). _,;. .......... ~date of November 16, 1858, the Commissioner of Indian AffB' •Qt'tied. the matter to the Secretary of the Interior, observing that he

sati fied that it was the understanding of the respective f:»Jil1,14:;s who negotiated the treaty that the southern boundary Jine~ as !'Jl-ein de cribed,shonld have embraced the Indian settlements at Perch

Furthermore he recommended, in consideration of the fact that ad been committed in the description of the line as given in

~-a;,._. ,._ ... + .... , which if not-corrected would compel the Indians to aba.od settlement, perhaps, where- they could make a Jiving, that the

r$;l;bj~eet be laid before the President, with a view to such action as migh~ ~~J~:·ll~oossaJ~ to withdraw from pre-emption and sale so much of the

in ..the vicinity of Perch Lake as might be required to pro. terest of the Indians and secure to them their improved

~JJettJellrleJ:tts, in order that appropriate steps might be taken "tCith the appro-r'~~~-- of the Pr68Vlent to settle e:cisting difficulties pertaining to said lmt'fUli.

svbse~t negotiations looking to a. change of the lines of tlte p,relent ':':fti..,•e.

CJOSing his report tbe Oommissioner stated the estimated area or (as surveyed by Deputy Surveyor Bradshaw) to b6

or about 25,000 acres more thah was contemplated by tbe suggested that the GOvernment as well as the Indians would

De11entea by extending the southe~n bound8try so as to inelud~

settlements, and by reducing the. aggregate so that the reserva­should em brace as nearly as possible 100,000 acres, to conform to

tl'eaty stipulations (Exhibit B). ·.a..~:•.L'O'I:;ably with the foregoing recommendation, the President, by .his

ated December 21, 1858, withdrew from settlement and sale the wo·wm.!! described lands :

~·~ ·••n'lll'T"' lh'ps 48 north, ranges 17 and 18 west; 49 north, range 16 west­of St. I.~ouis River; 49 north, ranges 17, 18, and 19 west of the 4th

-.num·pal meridian (Exhibit C). date of December 29, 1858, the superintendent of Indian af­

for the northern superintendency, W. J. Cullen, esq., was fur­wHh a copy of the President's order, and of the recommendation office upon which it was based, and directed to communicate the

in the case to the agent in charge of the Fond duLac Reservation, directions to inform the Indians accordingly (see Exhibit D).

ly to the foregoing, on .T anuary 7, 1860, the said superintendent ~msinitted to this office a report, dated December 4, 1859, from the

the Fond du Lac's, submitting a diagram of a proposed exten­the southern boundary of t,he .Fond du Lac Reservation, which

embrace the settlements and improvements of the Indians in the of Perch Lake, together with a report, dated November 30,

the surveyor (8. A. }.,orbes) who explored the country under lirecti<m of the agent and located the said lake and Indian settlenwmts.

Exhibit E, with diagram.) . August 7,1860, the Commissioner of Indian Afi'airs acknowledged

pt of the superintendent's letter and accompanyng papers and ~1&fl~ra1ns, and approved the proposed extension of the reservatipn south, and

same time directed the superintPndent to instruct the agent in of the Fond duLac Reservation'' to take measures at his ear­veuience to establish the exterior Unes of the same, and when com­• • • to report to this office a description of said exterior

the end that the same may be incorporated in articles of agreement, will be forwarded, to be concluded ~oith the Fond duLac band with the

of securing to tltern the land embracing their improvement.JJ in lieu of that RfJM~tea in the treaty." (See Exhibit F.)

should be observed that the proposed adjustment of the boundaries reservation, to which this office gave its approval, not only ex­the reservation south to include the Indian settlement at Perch

but it also cut off a very considerable strip from the reservation west, theretofore included and embraced in the original survey reservation made by Bradshaw in 1858.

·ned, however, a little in excess of 100,000 acres for the use of ns.

December 29, 1860, Superintendent Cullen transm~tted to this of­letter from Agent Drew, in charge of the Fond du Lac Reserva­

inclosing the plats and· field notes of a survey made under his di­by S. A. Forbes, surveyor, of the exterior lines of the modified

iR1',ET~.t;on as contemplated in the instructions given by this office to ~riint4enclent Cullen, August 7, 1860, above referred to; also the re­

the surveyor thereon (Exhibit G). OOtlll{lartes of the reservation as thus surveyed embraced an area

IIV'JL""' ... ''""'""'' as appears from the diagram thereof and from Su.perin­report.

(JSetUt~~mt:>er 11, 1861, this office transmitted to the General Land <11~Lgram and field notes of said survey as the final survey of

~!7at1:on. with the statement that no .reason was known why the

CHIPPEWA INDIANS.

lands outside of said reservation should be longer withheld from pri­vate entry (Bxbibit H)~ and thereupon it appears that the General Land Office transmitted copies of the same to the surveyor-general of Min­nesota with directions to lay the reservation on the diagrams of Min­nesota to accompany his next annual report, as well as upou the original map of Minnesota (Exhibit I) . . And later, on September 18, 1861, the register and receiver aL Port­land, Minn., were instructed to note upon the tract and plat books of their office, upon such portions of the townships as were withdrawn by the Executive order of December 21, 1~58, as were not included in the modified reservation (as surveyed by S. A. Forbes), the words "released from withdrawal," and they were furtll'::'r advised that those portions of the said withdrawn townships as were not embraced in the modified reservation would be liable to pre-emption settlement from and after the date of the receipt by them of the diagram of the survey made l>y 1\1r. llorbes (Exhibit K).

I have been unable to find from the records of this office tllat any­thing was ever done looking to an agreement with the Fond du Lac band of Indians for "securing to them the land embracing their im­provements in lieu of that designated in the treaty," which, as we have seen, was the declared purpose of the office in directiug the re-estab­lishment of the boundary lines as indicated by the Forbes survey.

The following extract from a report to this office, dated February 1, 187~, (twelve years after the final survey was made), from the agent of the Lake Superior Indian Agency, is given for the information it con­tains:

The fil'l;t survey of the reservation was unsatisfactory to the Indians, who contended that the boundaries did not embrace the particular lands they intendetl to reserve, and, at their instance, a new survey was made iu 1858 (1~60 ?), which proved sath:l· factory to them and was and has until recently been recognized by aU concerned, in­cluding the diiferent Departm6nts of the General Government. Recently, however, the Northern Pacific Railroad Company, whose line crosses the reservation as at present located, has disputed the legality of the last survey and refused to pay for the right of way across the reservation uutil after further investigations and surveys.

Also the following from a report by the Commissioner of Indian Af­fairs to the Secretary of the Interior, dated February 14, 1872:

The reservation for the Fond du Lac band contains about 100,000 acres, aud is lo­cated in the northeastern part of Minnesota. ,. ,. ,.

As originally surveyed this reservation did not include within its lintits some lands claimed by the Indians, and at their request a second survey of it was made. Th'ls was acceptable to them and was recogniz~d by the Government.

As a matter of history connected with the case it would be proper to state that Congress, by act approved l\lay 29, 1872 (17 Stats., HlO), au­thorized the Secretary of the Interior, with the consent and conmtrrence of the Indinns, to remove the Fond dn Lac and certain other bands of Chippewas from their respective reservations and locate them on the Bad River or La Pointe Reservation, in Wisconsin, and to appraise and sell their auaucloned reservations.

Tbe Fond <lu Lac band gave their consent thereto on the 18th of No­vember, 1872, and appraisers were appointed to avtnaise their lands, but tile subsequent dissatisfaction of the band was such that the ap­praisement was discontinued and the Indians were not removed.

Reference is made in the Senate resolution calling for this report to Ex. Doc. No. 24:7, page 24, Fifty-first Congres8, first session

The paper to which reference is therein made is the report of the com­mission which recently negotiated agreements with the Chippewas in

CHIPPEWA INDIANS. 5

:Minnesota, including the Fond du Lac Band, under authority of the act of January 14, 1889 (25 ~tats., 642).

The commissioners, after describing the boundaries of the Fond du Lac Reservation as defined by the treaty of September ~-10, 1854, observe:

Whoever was sent to make a survey oj' this rese1:vation followed the last clause of the article, and by his survey limited the arPa to 92,346 acres, the north end of his survey line on the west not reaching within 12 miles of the month of the Savannah River, thus defrauding these Indians of over 100,000 acres, which lands were put into the market and long ago disposed of by the United States; and for over a quarter of a century this injustice has been permitted to exist, a festering and deep-seated cause of complaint against the Govt.rnment. The Indians at the time of the making of the treaty had the boundary lines definitely fixed by natural li•s to them unmistaka­ble. They knew no more about acres than they did of the mariner's compass.

We had no hesitation in promising that the Government would speedily remedy this grave error.

The commissioners are grievously mistaken in their information. The Fond duLac Reservation as at present existing contains 100,121 acres, instead of 92,34:6 acres, as stated by them. The figures they give rep­resent only the unallotted lands, in addition to which there are 7,775 acres allotted in severalty to the Indians. Therefore the statement that the survey (of 1860) "limited the area to 9~,346 acres" is incorrect, as it actually em braced 100,121 acres, as before stated.

It appears then, to briefly sum up the matter: (1) 'rllat tlle exterior bounrlaries of tlle Fond duLac Re~ervation were

surveyed in 1858, under direction of tlle General Land Office (the Brad­shaw survey).

(2) Tllat the boundaries established by such survey, although con· forming to tlle c1escription given in the treaty, were not satisfactory to the Indians, for tlle reason that tlleir principal settlements and most valuable improvements, situated in the vicinity of Perch Lake, were uot embraced in the reservation.

(3) Tllat tlle President, in order to protect the interests of. the Indians and secure to them their improved settlements, added a strip of country on the south to include said settlements.

(4) That the Indian Office subsequently (in 1860) caused a survey of the reservation to be made (the Forbes survey) with a view to establish­ing new boundaries which should inc ule the Indian settlements at Perch Lake and at the same time reduce the reservation on the west so that the total area of the same should be about 100,000 acres.

(5) That, upon tlle completion of said sun?ey the Indian Office notified the General Land Office that there was no reason known wlly the lands outside of the boundaries established by the Forbes sun·ey should be long r withheld from private entry.

(6) That thereupon all of the lands embraced in the original (Brad­shaw) stu\·ey of J 858, or covered by the order of the President of De­cember ~J, 1861, adding certain townt-~hips on the soutll, lying outside of tlle modified reservation as establi~hed and defined by the Forbes surve;r, were restored to t,he public domain and opened to wllite settle­ment.

(7) That the reservation as established and defined by the Forbe survey of 1860 has been recognized ever since said survey was made as the proper treaty reservation of said Indians, and it further appears that the reservation as thus defined was very acceptable to the Indians at the time the survey waR made, and I have been unable to discover from the records and tiles of this office anything to show that the seg­regation of the western portion of the reservation by the survey of 1860, in lieu of which valuable lands were added on the south, has been

CHIPPEWA INDIANS.

"a festering deep-seated cause of complaint against the Government," or that any dissatisfaction on the part of the Indians on that account has ever been reported to -;,his office.

I return the Senate resolution and inclose a copy of this report. Very respectfully, your obedient servant,

The SECRETARY OF THE INTERIOR.

EXHIBIT A.

R. v. BEL'l', Acting Commissioner.

GENERAL LAND OFFICE, Novernbe1· 0, 1858. SIR: I herewith transmit to yotl a copy of the plat and field-notes of the survey of

the Fond duLac Indian Reservation, which Las been surveyed nuder the direction of the surveyor-general of Minnesota, in conformity with the fourth clause of the. second article of the treaty with the Chippewas of Lake Superior, dated Septemher30, 1854 (Statutes at Large, volume 10, page 1110), and agreeably to the arrangement made e­twet.n thiti and your office for the survey of tLe same, as will appear in a comumnica­tion to us dated April :t1, 1856.

The reservation contains 125,294 acres, and the expenses of the survey amounting to$2,422.88, will he paid out of the appropriation of$100,000, per act of 3d March, 1857, '' fQ.r surveying the public lands," etc.

I would call your attention to the fact that the lines of this survey do not embrace the principal settlements of the Indians, which, with their improvements, are located at "Perch Lake" and its vicinity, which lake is some 3 or 4 miles south of the south­ern boundary of the reservation atS estabhshed by this survey. The deputy surveyor reports the Indians as being much dissatisfied with the location of said south boundary Jine, as will appear from the accompanying copy of the report made by him to the surveyor-general of Minnesota.

I am, very £1'\Spectfully, your obedient servant, THOS. A.. HENDRICKS,

Cornmissioner. Hon. J. W. DENVER, •

Commissioner of Indian Affairs.

ST. PAUL, MINN., October 16, 1885. SIR: Agreeably to instructions received from you dated 2d to 2\Jth April, 1858, I

started 1st June, 1858, from Superior, Wis., to survey the exterior boundary lines of the Chippewa Indian Reservation, situated on the St. Louis lliver, Minn., and went thence as near as possible to tLe source of the east branch of the Snake River, dis­tant from Superior about 80 miles; then sending part of the party back to l!,ond du Lac for provisions, some 70 miles, I took two men and what provisions they could carry and followed down a stream on which we had camped to tLe first, known point on Snake River, which proved to be "Cheywatawna," distant about 100 mil~s. I then found that we had in the first place camped about 2i miles west of the true source of the river. Proceeding immediately back to ca.mp, I started a line in the middle of a large open tamarack swamp, .about 2 miles in diameter, same being the true source of the east branch of the Snake River, and run thence for the Sltvannah River, north 11° east. Having reached the same, and having on band just enough provisions for the purpose, I immediately ran and established the westerly boundary of the reserva­tion, length a little over 13 miles; thence proceeding back to the mouth of the Savan­:tfth River, ran the meander of the right bank of the ~t. Louis River down-stream to a. point opposite the center of an island mentioned in the treaty of September 30, 1854, and called therein" pawpaw" '' Sn-mi-mi-ty." As the treaty does not designato any particular point or end of said island I deemed it right to take a point opposite the center thereof, particularly as said boundary lines would then include part of the clearings of the Indians, on which they then had good standing crops as well as black­smith shop and houses which they had there built, and ran thence west and inter­sected westerly boundary line.

I wish to call your attention to some of the difficulties under which this survey was made, viz : The vague and indefinite nature and length of the boundary lines,

CHIPPEWA INDIANS. 7

aM designated by treaty, the country being a perfect wilderness without even Indian ti·ails aM a meanE of transit, bein,.g mostly tamarack and cedar swamps, rendering the operation of running the lines exceedingly clifticnlt :.md tedious, being obl ged to use "Burt?ti solar compass'' on the survey; the uncommonly large amount of rainy and cloudy weather (as shown by journal accompanying notes) caused much lost time and was the principal reason of the survey being protracted through so long a period at so great expense; the nature of the country rendered the obtaining of provisions for tho party laborious as well as expensive, all provisions having to be packed by the men at times from 12 to 70 miles, and aB a pack of 50 pounds carried 12 miles through that country, not on line or trails a good day's work for a good packman, the difficulty of supplying the party can be at once seen.

I think it may not be inappropriate to mention some items of information obtained while making said survey. There are in this section of country three places at which the Indians have made clearings and improvements, to wit, one near Kni(e Portage, and which the south boundary line in part embraces; there they have a blacksmith shop, honseti, and quite an extent of land cleared and under cultivation, though said clearing iH mostly on an island referred to by above-named treaty; another small clear­ing is at "Pine Rapids."

'fhe far more important one to them is, however, at ''Perch Lake," situated in the southeast corner of township 49, range 19 west, a lake something over a mile across. There they ha.ve some log-houses, and quite au extent of land cleared and under cul­tivation. 'fhi:~ is the only point in this section of country to my knowledge where tho Indians, if so dit;poseu, conld maintain themselves the year ronnel. At ti.Jis lake the Indians obtain in abundance field-rice and fish; in its neighborhood they have good hunting, and on the banks good sugar bushes-ad vantages which, in wy opinion, they can not obtain at any point within the boundary lines of their reservation. Said lake is 4 miles south of the boundary of the reservation, and the In1lians are very much dissatisfied with the location of said south boundary line; that it is not far enough soutb, and that the treaty of S'eptember 30, 1854, secured to them Perch Lake, aud objecting to be moved from the same.

'l'he land forming the reservation is IDOstly third rate and swampy, with tamarack and cedar timber, what good land there is being, as is generally the case throughout this section of country, composed of small islands, as it were, surrounded w1th swamp or narrow ridges, aud I think the country too even to adruitofthorough drainage of the swamps, if fi·om their nature it ever becomes desirable.

I am, sir, very respectfully, your obedient servant, PETER E. BRADSHAW.

CHARLES S. EMERSON, Esq., Surveyor-General, St. Paul, Minn.

EXHIBIT B.

De]Jztty Surveyor.

DEPARTMENT OF THE INTERIOR, OFFICE 01!~ INDIAN AFFAIRS, Washington, Nov01nber 16, 1858.

Sm: I have received a letter from the Commissione~· of the General Land Office of the lOth instant inclosing a copy of the plat and field-notes of the survey of the ex­terior boundary of the Fond du Lac Reservation, made in conformity with the pro­visions of the fourth clause of the second article f the Chippewa treaty of September 30, 18:J4, together with a copy of a communication from Peter E. Bradshaw, deputy surveyor, addressed to the surveyor- general of Minnesota.

Mr. Bradshaw represents that the boundary of said reserve does not include the principal settlement of tho Indians, which with their improvements are located at "Perch Lake" and its vicinity, which lake is some 3 or 4 miles south of the southern boundary of the reservation as established by said survey.

The deputy survey<tr states that the Indians :n-e very much dissatisfied with the tion of said boundary line and they claim that the treaty secured to them Perch

I am fully satisfied that it was the understanding of the respective parties who ~,Ilieg<>ti;:tted the treaty that the southern boundary line, as therein described, should

embrace(l the Indian settlements at Perch Lake, and in consideration of the hat an error has occurred in the description of tho line in question, which, if

COITe<lte~Ll. would compel the Indians to abandon the ouly settlement perhaps where acquire a subsistence, I would respectfully recommend that with your con­

liRllrrl~nr•.A the subject be laid before the President, with a view to such action as may necessary to withdraw from pre-emption and sale so much of tho public lands in

,

-~imJtileid, area of the renrvation embraces 125,294 acree, being &D4im.1il ~.UII was contemplated by the stipulations of the treaty,

that the Government, as well as the Indians, would be belllefllte4ll '~'i~ southern boundary so as to include the Indian settlements,

ag~~~ga1~e area, in order that t·he reserve may embrace, as nearly. as acres.

ery respectfully, y_()ur obedient serv.mt,

E:pnniT 0.

J. TB:O:MPSON, Becr•ry of t/&6 lRterior.

GBNERAL LAND On'ICE, December, 20, 1858.

Thomas A. Hendricks, Commissioner, recommends that townships 48 north, ranges 8, and 19, west; 49 north, range 16 west of St. Louis River, and 49 north, ranges

18, and l9 west of the fourth principal meridian in Minnesota, be withdrawn by Government from pre-emption and sale for the purposes within 1:1pecided. is recommended that the tractsJierein specified be withheld fl'om pre-emption sale for the porpf)888 specified hnhe letter of the Commissioner of Indian Affairs,

, . .--~- .... -,.. _November 16, 1858, herewith. • J. THOMPSON,

Secretary of Itatmior.

tracts specified be withdrawn as requested by the Secretary· of the ID­

J.un:s BUCHANAN.

DEPARTMENT 011' THE INTERIOR, Decem:ber 22, 185& 8Pt: Your report of tbe 16th ultimo, io regard to certain diffioulties respecting the ~them bound,aries of the Fond du Lac R~servation was received and laid befOL'e

t1te 'President with a recommendation that so much land south of the boohdc.uy line aa oold be required to carry out the suggestion of tho report be withdrawn fi:Om

CHIPPEWA INDIANS. 9

pre-emption and sale. This recommendation was approved by the President yester­day, and I have th1s day issued instructions accordingly to the Commissioner of the General Land Office. The map which accompanied your report i.; herewith returned.

Very respectfully, your obedient servant,

Hon. J. W. DENVER, Com1nissioner of Indian Affairs.

EXHIBIT D.

J. THOMPSON, Secretary.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,

W. ,J. CULLEN, Esq., Washington, Decentber 29, 1858.

Superintendent, etc., St. Paul, Minn. : SIR: I transmit herewith a copy of a report from this office, made to the Secretary

of the Interior on the 16th ultimo, as to the difficulties respecting the southern bound­ary of the ''Fond du Lac Reservation."

From the inclosed copy of the Secretary's letter to this office, dated the 22d instant, you will perceive that the President has approved the recommendation of the Depart­ment, that so much of the land south of the boundary line as will embrace the settle­ment and principal improvements of the Indians in the vicinity of Perch Lake be with­held from pre-emption and sale, with a view to secure to them the possession of the land referred to.

A copy of a letter on the subject from the Commissioner of the General Land Office dated the lOth ultimo, together with a copy of the diagram and report of the deputy surveyor therein referred to, are also herewith transmitted.

You will communicate to Agent Drew the facts of the case and direct him to in­form the Indians accordingly.

Very respectfully, your obedient servant,

EXHmiT E.

J. W. DENVER, Commissioner.

OFFICE OF THE NORTHERN SUPERINTENDENCY, St. Paul, January 7, 1860.

SIR: Herewith I transmit the report of Agent Drew in regard to the southern boundary line of the reservation for the Fon du Lac band of the Chippewa Indians made in accordance with the instructions of Hon. J. W. Denver, Commissioner Indian Affairs, under date of the 29th December, 1858.

By the report of Agent Drew, tl1e reservation will embrace as near as prg,cticable the area of 100,000 acres, and the line recommended to be adopted as set forth on the accompanying diagram will be highly satisfactory to the Indians and embrace the Perch Lakes as contemplated by the Commissioner in the letter before referred to.

Respectfully, your obedient servant, W. J. CULLEN,

Superintendent Indian Affait·s. Ron. A. B. GREENWOOD,

Commissioner of Indian Affairs, Washington, D. C.

CHIPPEWA AGENCY OF LAKE SUPERIOR, Supe1·io,., Wis., December 4, 1859.

SIR: On the 15th of January last I had the honor to receive from your office, under date of December 29, the copy of a report from the Commissioner of Indian Affairs to the Secretary of the Interior, touching the settlement of the southern boundary of the Fond du Lac Reserve, and it is recommended in that report that "so much of the public lands in the vicinity of Perch Lake as may be required to protect the interests of the Indians and secure to the:rp their improved settlements be withdrawn from pre-emption and sale." In order to settle existing difficulties pertaining to sairl boundary by subsequent. negotations looking to a changE\ in the lines of the present boundary, the Commissioner suggests "that the Government as well as the Indians 'fV~)Uld be benefited by extending the southern boundary, ~o ~s to i.pclude the Indian

.s. BJt. 11-18

settlement (Perch Lake) -and by reducing the aggregate area, in order reserve may embrace as nearly as possible 100,000 acres, the quantity stipulated in treaty 30th September, 1854. ·

These facts were communicated to me from your office and. you directed that I form the- Indians of the decision of the Department and assure them that the and settlements which they claimed should be embraced in their reservo . Y structions were communicated to the Fond du Lac chiefs in council, at w were very much gratified. At the same council these chiefs requested that their should be located on the southeast corner of their reserve, opposite two be:a.u1tiftll~ islands in tlre St. Louis River which they had cultivated as gardens. This w and improvements commenced. A farm laborer was sent to them with cattle. for thtr chiefs have been built and occupied, clearing of the land has commenced in earnest, and the Indians themselves labor with a zeal and industry which affords much encourageqJent in view of future operations. The payment of their annuities on the reserve has greatly increased the confidence and good feeling of these bands. The employes engaged among them are all men of sober habits and earnest in their ta- benefit the IndianH.

At the request of the chiefs and head-men, that portion of their reserve which they have selected for their.village, and where three ofthe chiefs reside, has been surveyed and laid out in 4-acre lots, divided by streets 66 feet wide. A square suitable for Government buildings has been reserved, viz, warehouse, school-house, house for the blacksmith and a good shop for his use, whic b, by your verbal direction, I promised the chiefs would be erected soon. Mr. Forbes, t.he surveyor, was also directe by me, in view of your instructions last winter and in accordance with the report of t.he Com­missioner of Indian Affairs, to ascertain the exact location of Perch Lake and to what extent the present lines should be changed in order to embrace it and to give the In­dianslOO,OOOacres as stipulated in the treaty. That duty Mr. li'orhes has performed and his report, with the diagrams which I hereby transmit, will afford a proper un­derstanding of the matter.

A line running from the southeast corner of the reservation south 5 miles and 5 chains, thence west 12 miles and 60 chains, thence north 5 miles and 5 chains to the present boundary, thence north to the St. Louis River, will include an area of 100,000 acres, as near as it can be calculated without the field-notes of the meanders of the river. .

In view of all the circumstances connected with this matter and the necessity that exists for a final settlement of the same, I take the liberty to earnestly recommend that if the diagram herewith sent be approved by the Department, that instructions be issued for the establishment of a new southern boundary to the reserve on the St. Louis. This will put an encl to the fears and suspicions of the Indians and also their incessant applications for a fulfillment of their treaty with the Government in 1854 in relation to this boundary matter.

Respectfully submitted.

W. J. CULLEN, ESQ., Superintendant Indian Affairs, St. Paul.

C.K.DREW, Indian Agent, Lake Superior.

SUPERIOR, Wis., November 30, 1859. SIR: According to your directions, I proceeded with five assistants to the Fond dn

Lac Indian Reservation for the purpose of Rubdividing that portion of the southeaflt corner of the reservation occupied by the Government employes and being the bead­quarters of the band.

In compliance with the wishes of the Indians we commenced at the mouth of Rid­ley Creek where it empties into the St. Louis River and run west 7.32 chains; thence south to the south boundary of the reservation.

The a.fea included by these lines and the river is 188 acres, which we subdvided, ac­cording to the wishes of the Indians, into square lots of 4 acres each, allowing the fractional lots to fall in the north end and along the river (see accompanying dia­gram).

The land is gently rolling, with a first-rate sandy loam soil, and well adapted to cultivation.

The timber, in the order in which it predominates, is white birch (large growth), white.pine (good quality), sugar tree, and fir undergrowth; hazel brush, sugar, and fir.

Ridley Creek, running through the northwest corner of the tract, is a handsome stream of water, about ~5 feet wide and 1 foot deep, with a rocky bed, rapid current, and sloping banks on each side rising to the height of 15 to 25 fe~t.

About 30 rods from the mouth of the creek is an elegant mill seat, and the stream affords sufficient ater to d;ri ve an ordinary saw or grist mill the year round.

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\~~~:~=~~lot marked A (see accompanying diagram) coJM;au!t 4i acres, which tl desirous to set part as the site for the Government warehouse, BOI!O<)f...JlOtlse, and the various public buildings.

There are three comfortable dwelling-houses occupied by the Government em­plQyM and the Indian chiefs.

The Indians have made considerable clearings themselves, through your influence and under your directions, and it is particularly gratifying to witness the interest taken by the Government employ4Ss in everything that tends to the welfare ef the tribe, and if the work goes on in the future, guided by the same. zeal and goodjudg· ment that ha~ directed it in the past, it will not be long before the Indians of tlie band will be comfortably located in homes of their own and be sufficiently instructed to provide for and take care of themselves.

In addition to the above work, and in accordance with your directions, we went south and west in order to ascertain the location of Perch Lake. We found that the south side of the lake is 4! miles south from the south boundary of the reservation.

The accompanying diagram will show the relative positi~n of the lake to th~ present boundaries of the reservation, and also the proposed changes in order to include the lake, which may be described as follows:

To start at the present southeast corner of the reservation and run nth 5 mile.t and 5 chains, thence west 12 miles and 60 chains, thence north 5 miles and 5 chains, to the present south boundary of the reservation-which will include an area of 41,280 acres, thence still north to the St. Louis River, thence down the river to the place ofbe~inning; which will give-as near as can be estimated without the field-notes of the meanders of the ri'\'er-an additional area of 58,800 acres; and taken together, will give a trifle over 100,000 acres, the amount stipula~ in the treaty of September, 1854. ,

The true result will doubtless vary from these figures, but I think they approximate near enough to base operations upon.

Respectfully yours,

C. K. DREW, Esq.,

8. A. FORBES, . &mJeyor.

India,. Agent, Sup~, Wis.

EXHIBIT F.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, · W ashingtoa, .A.ug'UIIt 7, 1860.

SIR: I have to acknowledge the receipt of your l'ltter of the 7th of January lMt, transmitting the report of Agent Drew re::~pecting ftl'e southern boundary line of the reserve for the Fond du Lac band of Chippewas, made in accordance with the in­structions of this office of the 29th of December last.

In reply I have to state that the extension of the southern boundary line of sai4 Ji8&erve, so as to include the country in and around Perch Lake, as marked an(l iadl­oated by the red Jines on the diagram whiP.h accompanied Agent D1·ew's letter is apprond ; and you are therefore directed to instruct him to take measures at hie earliest convenience to establish the exterior lines of the same· and when completed yon will direct him to report to this office a description of said -exterior lines, to the end that the same may be incorporated in articles of agreement which will be forwarded, to be concluded with the Fond du Lac band with the view of securing to them the land embracing their improvements in lieu of that designated in the treaty.

Very respectfully,

WH. J. CULLEN, Esq., Superintendent, etc., St. Paul, Mi-nn.

ExnmiT G.

A. B. GREE~OOD, Commissioner.

OFFICE OF THE NORTHER.."i SUPERINTENDENT, St. Paul, Decmnber 29, 1860.

direction of Superintendent Collen, lf>W absent, I herewith forward the 11-?..f:'~~UlJ'aiJ.Yillg letter of Agent Drew, i)\closing tire field-notes and maps of the survey

of the boundary line f the reserve on the St. Louis River and the report of the sur­veyor. By the establishment of the lines of this reserve, as by the report and papers herewith accompanying it, covers an area of 100,121.22 acres.

Very respectfully your obedient servant,

Hon. A. B. GREENWOOD,

W. R. BOWES, Clerk to Superintendent.

Commissioner of Indian Affairs, Washington City.

ST. PAUL, Decembm· 12, 1860. SIR: In accordance with instructions from your office, I have caused to be surveyed

the Indian reserve on the St. Louis River. The field-notes, diagrams, a1;1d report of the surveyor are herewith transmitted.

The reserve now embraces the lakes and improvements desired by the Indians and the area has been reduced to the number of acres required by the treaty of 30th September, 1.f354. The settlers in township 48expressgreat satisfaction that the bound­ary of the reserve has been established leaving them in possession of their pre-emp­tions.

The report of Mr. Forbes will furnish any additional informantion required by the Department.

Respectfully your obedient servant,

Ron. W. J. CULLEN, Superintendent Indian Affairs.

C. K. DREW, Indian Agent.

BAYFmLD, November 29, 1860. SIR: According to a letter of instructions received from your office dated " Office of

the Lake Superior Agency, Red Cliff, September 16, 1~60," in which I was instructed to " at once repair to the St. Louis Reservation on the St. Louis River in Minnesota and proceed without delay to establish the southern boundary of that reserve," I &tarted on the 27th of September, U360, with a party of five assistants and arrived on the 3d of October at the place designated in your letter as the starting point ofthe survey, to wit, "the southeastern corner of said reserve.''

Accompanying this you will find the field-notes and triplicate diagrams of the survey, together with a description of each mile ofline which forms the, boundary of the reserve; also a general descl'fption of the country along the St. Louis River.

I will say in this connection that the changes in the boundaries of the reserve have included some of the finest agricultnralland in the country.

The land around Perch Lake is a dark sandy loom, easily cultivated and very pro­ductive.

The timber, in the order in which it predominates, is sugar tree, birch, lynn, fir, and oak.

Wild rice is gathered in large quantities from this lake, and is found in nearly all of the mauy lakes with which the Perch Lake section of country abounds.

The Indtans have several very handsome clearings around Perch Lake and the others, all of which improvements arc now within the reservation.

It was gratifying to us to witness the pleasure with which the Indians received the intelligence that their farms and rice fields had at last been secured to them, and t,hat they might now go ou and eultivate their lands and garner their rice without the fear of being molested or driven away by the white man. The beneficial effects of the plans and improvements which your policy has suggested and carried out at the agency on that resene have extended far beyond the limits and out of eight of the houses you have built and the fields you have cleared there. The influence is felt and exerted in other localities by creating a spirit of emulation to keep pace with their neighbors, and now that they f~1el secnre in their homes their energy wi1i be re­ceived wHh more gratifying results.

A large portion of that part of the old reservation which has been left out by the change is t~wampy and unfit for cultivation, while most of the new territory included is high, rolling, arable land.

Very respectfully yours, S. A. FORBES.

C. K. DREW, Indian Agent, Bayfield, Wis,

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EXHmiT H.

l>BPART.MENT Oll' THE L"iTERIOR, 0l!'li'ICE Oll' INDIAN Alrli'AIRS, Washington, Septem.ber 11, 1861.

Sm: You communication of July 18, relative to the withdrawal of certain lands with a view to a change in the bounds of the l!,ond du Lac Reservation upon the ap­plication of this office to the Secretary of the Interior, dated 16th November, 1858, "nd requesting a diagram and the field-notes of said reservation as finally surveyed, with a view to the decision of the pre-emption claim of Chester Williams to lots 1, 3, 4, 5, and 6, in township 4t; north, range 17 west, has been received.

I herewith transmit a copy of said diagram and field-notes as reqnested, showing the bounds of said reseryation as finally established, and have to state that I know oY no reason why the lands outside said reservation should be longer withheld from private entry.

Very respectfully your obedient servant,

Hon. J. M. EDMUNDS, Commi8Bion.er of General Land Ojfioe.

ExnmiT I.

CHARLES E. MIX, .Aoting CoMniBBion6r.

DEPARTMENT OF THE INTERIOR, GENERAL LAND 0ll'li'ICE, Washiftgton, D. C., September 14, 1861.

Sm: I herewith transmit you a copy of the diagram and field-notes of the survey the Fond du.Lac Reservation, on the St. Louis River, as finally surveyed under

:·JDstruct;iOilS from the Indizm Office, together with a copy ot the letter from Charlet~ Acting Commissioner, accompanying the same.

are directed to lay this reservation down on thA diagrams of Minnesota, which ac<:onlpa.ny your forthcoming annual report, as well as upon the original IDIW of

;:,Hilitle84:)ta remaining in your office. You will also represent the re~rvation on the i-:· t~~w·nal1in plats of township 48 north, ranges 17 and 1~ west, and transmit eertified

to this office,~ and the proper register and receiver, in order that the reserva-may be respected. .

Very respectfully, your obedient servant,

W. D. WASHBURN, Esq., SurtJeyor- Gt;neraZ, St. Patd, Minn.

EXHmiT K.

J. M. EDMUNDS, CommiBrioner.

DEPARTMENT OF THE INTERIOR, GENERAL LAND 0ll'li'ICE, Washington, D. C., Stptember 18, 1861.

ri P:~~;:,:;~: Under date of December Z7, 1858, this offi.ee notified you that the ;::; of the United States, for the purpose of enabling the lildian Office to mod­

boundaries of the Fond du Lac Indian Reservation, by treaty of September 30, the Chippewas of Lake Superior, had ordered the withdrawal of the fol~

townships from sale or pre-emption, and you were instructed to reserve the sale or other disposition until further orders, viz:

T•ow·nsltlip 48 north, ranges 17, 18, and 19 west of the fourth principal meridian· west of the St. Louis River, of township 49 north, range 16 west, 'Bond

r.tcliWIJtshilp 48 north, ranges 17, 1~, and 19 west. now to inform you that on the 11th instant we received from the Indian diagram and field-notes of the final survey of the Fond du Lac modified res­

rJtrva1tiOltl, a copy of which was, on the 14th instant, fowarded to the surveyor-gen­Paul, Minn. (copy of letter herewith), with directions to lay down on the

of Minnesota and on the original township plats ·in his office, the said final sur4

and tofumish yon witlt a cerlified diagram thereof. the townships which were withdrawn, as aforesaid, hava been offered atpnb­

.·~=-~- •. c-~·- but two of those not wholly included in said modified reservation, viz, 48, ranges 17 and 18 wee 1.bave been surveyed.

CHIPPEWA INDIANS.

Upon the receipt of the authenticated diagram representing the modified reserva. tion you will note in the tract auu plat booki::! of your offiee, upon such portions of the above townships which were withdrawn in 1858, as are not included in the modified reservation, the words "released from withdrawal," referring to this letter for your a.nthoritr.

Those portions of the said withdrawn townships not comprised in the modified res­ervation will be liable to pre-ewption settlement from and after the date of your re­ceipt of E·a.id diagram.

Inclused yon will find a notice to the public, wbich you will sign in your official ca paci Ly and cause to be inserted once a wel'k for six successive weeks in the newspaper or tbe most extcnAive circulation in the vicinity of those landA, for the pnblication of which there will be allowed you 75 cents per square for the first insm·tion and half that snm for each subsequent insertion.

A copy of the notice should accompany the voucher for the payment of the accouut, and a reference should be made thereon to this letter as the authority for your action.

Plea.sc acknowledge the receipt hereof. Respectfully,

REGISTER AND RECEIVER, Portland,. Minn.

CHIPPEWA LANDS.

J. M. EDMUNDS, Commissioner.

The pul>lic are herel>y notified that an authenticated diagram of the modified Fond duLac Indian Reservation made by the fourth clause of the second article of the treMy of September 30, 1854, with ''the Chippewa Indians, of Lake Superior and the Mississippi," was received at this office on the-- da.y of --, 1861, townships 48 and 49. north of ranges 17, 18, and 19, and township 49, north of range 16, west of St. Louis River, a11 west ofthefourthprincipnl meridian, were withdrawn from" sale and pre-emption') l>y order of the President of tbe United States, communicated to this office l>y the Commissioner of the General Land Office Deceml>er 27, 18f>8.

All thH lauds so withdrawn not included in said modified reservation, became liable to pre-emption settlement from and after said -- day of-.--, 1861.

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